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ELGIN MILLS, INC. v. CHICAGO AND NORTH WESTERN RY. CO.

No. 35639.

128 N.W.2d 384 (1964)

177 Neb. 110

The ELGIN MILLS, INC., a Corporation, Appellant, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a Corporation, Appellee.

Supreme Court of Nebraska.

May 15, 1964.

Attorney(s) appearing for the Case

Marti, O'Gara & Dalton, Lincoln, Harold Rice, Neligh, for appellant.

Gaines, Spittler, Neely, Otis & Moore, Omaha, for appellee.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

CARTER, Justice.

This is an action by The Elgin Mills, Inc., against the Chicago and North Western Railway Company for the value of a carload of vetch seed which was allegedly converted by the railroad's connecting carrier by delivering the vetch seed to the Rudy-Patrick Seed Company at Kansas City, Missouri, without the surrender of the order bill of lading properly endorsed. The defendant admits that the car of vetch seed was delivered to the Rudy-Patrick Seed Company...

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